Conduit. Coalescence. Conflictollaboration: Considering the “Co” in Co-Design, by Scott Boylston

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SavHigh1SM.jpgImages, courtesy of Robynn Butler, are from a co-design initiative with Savannah High School students and SCAD Sustainable Design students, piloting frog’s Community Action Toolkit. For more information on the initiative, visit designethos.org

This is the third article in a series examining the potential of resilient design to improve the way the world works. Join designers, brand strategists, architects, futurists, experts and entrepreneurs at Compostmodern13 to delve more deeply into strategies of sustainablity and design.

I recently picked up The Best Dictionary for Students, an elementary school reference that my twin daughters use daily. It seemed perfectly suited to me because, who, after all, isn’t a student. This small dictionary has 410 entries that begin with the letter combination ‘co,’ beginning with coach and ending with cozy. Co-design is not one of those words. But many of the words beginning with these letters are germane to the vibrant conversation around co-design: commitment, compassion, complex, congregate, consequential, to name a few. This is to be expected, considering the Latin origins of the prefix: together. With a multitude of English language concepts fundamentally connected through this prefix, it seems fitting to more deeply explore some of the affiliations inferred by their shared linguistic origin.

Today’s designers have benefitted from the development of young fields of practice such as design for inclusivity, and human-centered design. These efforts focus on delivering solutions through immersive (for the designer) and inclusive (for the community) processes, which the designers then sensitively transform into ‘solutions,’ whether they be products, services, experiences, or tools (visioning, strategic, etc.). Other fields of practice—emerging more from the urban design context, and with an emphasis on community resilience—focus more on designing the potentials for solutions to emerge from the local context itself. As one example, Asset Based Community Development (ABCD) eschews the all too common ‘needs-based’ approach for the sake of identifying, celebrating and empowering assets that already exist within the community.

The gap between these two approaches has been narrowing, and the emerging bridge is being constructed through an array of creative experimentation. Growing trends in mass customization such as Open Source Ecology, and design-driven community resources such as frog’s Community Action Toolkit are examples of this materializing connective tissue. This essay is an invitation to more deeply consider the ideas that have been percolating in some of these spaces. I discuss two words from this ‘co’ bounty that are associated with the practice of co-design, then introduce a third word—quite literally—which explores a paradox borne of two contradictory root words. Together, the words act as a framing device that can aid in the exploration of the concepts behind this evolving process we call co-design, specifically in the social sector. The three ‘co’ words do not constitute strategies as much as reflections on the nature of committing to this dynamic arena. I invite more terms to be added to create (co-create) a Designer’s Dictionary of ‘Co.’ Those compelled to consider the origins of co-design can find many sources dedicated to more rigorous investigations, such as Sanders and Stappers’ Co-Creation and the New Landscapes of Design, as one of example of many.

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Design as Conduit

A conduit is an entity of transition between spaces, states or usages. Accordingly, if the energy on one end of a conduit lacks sufficient order or density, or if there is an inability on the other end to ‘carry the charge’, then this kind of channel is little more than the means by which energy is transferred from one unproductive space to another, or worse, from a productive space to an unproductive one. Co-design is a conduit. And the energy that co-design aims to transfer exists within the wisdom, passion, creativity, and tacit knowledge of the parties involved.

Yet, there is another dimension here that relates to the nature of connectivity with individuals not in immediate contact with the initial co-design process. The people in these concentric and loosely defined rings represent not only those who may be influenced or changed in some way, but those who would influence still others further from the original process. This focus on connectivity and continuity is an important facet of co-design, and not merely as a cautionary reference to the law of unintended consequences—as important as that is—but as a reminder that ideas which emerge from co-design must be so deeply embedded in the community that members of that community who were not directly involved in the co-design process gravitate toward them intuitively. With IDEO’s “>Human-Centered Design approach in mind, the arc of progression for the design process might run through stages that focus on: observations, stories, themes, opportunities, solutions, prototypes and implementation plans. Yet, the means by which designers build capacity within the community to design solutions themselves requires that this process is fully owned—and operated—by the community before the end of this sequence.

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Revisiting and Revising Design History: George Nelson Associates, Irving Harper and a Pair of Chairs

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Timelessness, it seems, is a matter of taste: while Dieter Rams’ recently-revisited Vitsœ 606 is at the top of my list for furnishings when I eventually settle down, a couple commenters begged to differ. Those of you who prefer the warmer aesthetics of Mid-Century Modern heirlooms are perhaps duly predisposed to the Comprehensive Storage System by George Nelson for Herman Miller.

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While the CSS certainly rivals the 606 as a paragon of functional beauty, the Michigan-based MCM manufacturers have long since discontinued the product—it’s only mentioned in passing as a 1959 milestone in Herman Miller’s company timeline. As such, well-preserved examples command healthy resale prices—from around $4,500 to upwards of twice that—on the secondary market.

GeorgeNelson.jpgMore on the Pretzel Chair below…

However, as of the new Millenium (or Century, as it were), the mystique of George Nelson Associates was beginning to dissolve. It turned out that many of the iconic products and graphics to Nelson’s name, produced during his 25-year tenure as Design Director of Herman Miller, from 1947–1972, were actually the work of lesser-known and often uncredited designers. Which is not to say that Nelson was a designer himself: he was an architect and writer by training and trade, and he made few, if any, decisions regarding the designs for which he is widely credited (and acclaimed).

Case in point, Chief Designer Irving Harper has only recently been recognized as the creative force behind the long-canonized Ball Clock and Marshmallow Chair, as well as Herman Miller’s logo. The chronicle started with Paul Makovsky’s seminal profile of Harper for Metropolis back in 2001 and culminates this month with the forthcoming release of Skira/Rizzoli’s Irving Harper: Works on Paper, a 12-year effort by Michael Maharam of textile fame to shine light on the unsung genius in his lifetime (the designer is just a few years shy of triple digits).

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The Crafting of Analog Dreams: An Interview with SWBK Co-Founder and Design Director Sukwoo Lee

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Seoul, like so many other great cities of East Asia, bustles and buzzes with life, a modern and dynamic metropolis. At night neon signs and giant digital displays battle for attention, advertise everything from the ubiquitous internet cafes (per capital South Korea is the most ‘online’ nation in the world) to the all night eateries, saunas and singing rooms. Like Japan and China, Korea and the Koreans are a nation of early adopters. Technology exists to be embraced. The latest digital products, software, systems and means of communication are all readily accepted by a culture which now not only adopts technological innovation but is a world player at its leading edge.

It is against this background that I exit the subway system at Seoul’s hip, creative district of Jamwondong before ducking off a busy main highway south of Seoul’s Han river. I’ve travelled on a bullet train from Ulsan’s National Institute of Science and technology (UNIST), having recently made the move from the leafy suburbs of South London to start a new life at UNIST’s School of Design and Human Engineering.

My final destination is Seoul’s young, ambitious and rapidly expanding design consultancy SWBK. Founded in 2008, the firm offers an extensive range of design services from IT-based product design to brand consultancy, service design and their Matter & Matter range of fine furniture. SWBK’s global design awards speak for themselves (Red Dot, IF, IDEA, GOOD Design…). They have an ambitious, skilled and highly motivated team, whose knowledge and expertise are sought by a growing list of national and international clients.

Their work also extends to the direction of design and cultural exhibitions. One such expo recently organized by SWBK, is the Sulwha Cultural Exhibition in Seoul. It showcases the work of some of Korea’s most celebrated craftsmen, artists and designers; from master Bang Chun Woong’s display of Korean Ethnic Earthenware (onggi) to Media Artist Yang Min Ha’s virtual, interactive installation reinterpreting the process of making onggi through manipulation of digital content via physical, embodied interaction.

In a way SWBK’s Sulwha Exhibition is an apt reflection of Korean society more generally. Traditions of the past live cheek by jowl with a modern tech-savvy culture, creating a hybrid mix of embedded traditions within an emergent, dynamic digital culture.
I pick my way towards the SWBK studios and am greeted at the door by co-founder, Sukwoo Lee. Having worked as an industrial designer for Samsung and then at Teague in the United States, Sukwoo returned to his native Korea in 2008 to co-found his consultancy with fellow designer Bongkyu Song.

I’ve come on a mission: to find out if, within this tech-driven culture, design firms have decided it’s time to finally kiss goodbye to dated, low-tech analogue design tools like hand sketching and model making in favour of a fully digital industrial design process.

We sit down to talk and Sukwoo starts by pulling out one of his sketchbooks…

He then produces a tiny handcrafted scale model of his latest chair design and sets it to rest on a page of thumbnail or thinking sketches of the same design.

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“I quite like this kind of sketch’ Sukwoo explains as we leaf though his work, ‘I feel like I’m freer with this kind of quickly made sketch on paper…just hand drawing. From these sketches we often move to these sketch models,” he explains.

At this point Sukwoo scuttles off across the studio to return armed with a large plank of balsa wood. “When I touch this wood,” he continues, “and I even smell this, it feels much freer than digital work.” Sukwoo speaks of an emergent design language that is explored and considered through the use of sketches and scale models. Like the master craftsmen of his Sulwha Cultural Exhibition, there is something honest in the way he describes his expression of form through hand sketching and hand making. From the start, the impression is that these analog processes are integral to SWBK’s working culture and design process; to their ability to explore and develop design intentions?

We move on.

“After this,” Sukwoo explains, indicating a wall filled with sketches, illustrations and 3D digital models “we start to sketch a little more of the aspects of the form.”

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At this point Sukwoo describes how CAD tools (Illustrator and Rhino) are employed to test the potential of the concept. “The CAD model is quite rough” he explains, “but gives the team a better idea of proportion and curvature.”

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Why User-Centered Design is Not Enough, by John Wood

Vitruvianischer_Mann.jpgVitruvian Man by Leonardo da Vinci via Wikimedia Commons

Utopia or Oblivion?
Buckminster Fuller framed this question in his 1993 book of the same name, warning that mankind’s prospects would go decisively one way, or the other. Twenty years on, it is clear that nobody could have answered his question with any certainty. This is because we are all entangled in it. Fortunately, most of us have heard of the butterfly effect, so we are slowly realising that each one of us has some responsibility for what happens. What does this mean for ‘UCD’ (User-Centered Design)?

Putting The User at the Center
In 1966, Joseph Weizenbaum created ELIZA, a computer program for diagnosing medical conditions. It conversed with patients directly, via screen-based questions in everyday language. But it did it so cunningly that most correspondents thought they were talking to a human being. The question and answer routine was based on the psychotherapeutic approach of Carl Rogers, best-known for developing an extremely patient-centered approach. Technologically speaking, the program was very simple. First, it addressed the respondent using her first name, asked open-ended questions about their state of health and incorporated some of their own words in its answer. The strategy worked so well that users were convinced they were talking to a sympathetic doctor, rather than a machine.

How Useful is Humanism?
One of the things we might deduce from Weizenbaum’s experiment is that educated people become very susceptible to suggestion, once they are placed at the center of their emotional universe. The idea of user-centered design grew out of ‘humanism’, which can be traced to ancient Greece and the early Christians, who came to value the differences between individuals. However, while humanism has many admirable qualities, it is a dangerously incomplete basis from which understand things.

If we were to make a caricature of the humanistic world in picture-book terms, Nature would be depicted as a faint grey backdrop, with people standing out in bright colours. The growth of humanism gave us a strong belief in free will. More recently, in the era of consumption, it has tended to make us restless and unsatisfied. This is a paradox. In the 21st century, never have so many people had so much access to so much information. Yet, our species has become increasingly disconnected from the complex ecosystem that nourishes and sustains it. This is because, for the sake of convenience, we have manipulated, or dumbed-down our perceptions of what is immediately around us. What should worry designers, in particular, is that they played a major part in creating this artificial, user-centered world.

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The Attention Deficit Designer, by Jon Winebrenner

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I’ve talked to a lot of designers over my career. Many of them knew exactly what they wanted to do from a young age. They had some kind of mechanical inclination and an innate desire to take things apart and to create. They have the ability to focus and noodle over an idea in the methodical, inexhaustible manner of a diesel engine. In the world of the tortoise and the hare, they’re the tortoise. This article isn’t about them.

There is a whole other group of designers that run the race in a much different manner. If I keep with the engine analogy, they’re more the Ferrari’s of the world. They run fast and hot, hugging the corners with a jaw-dropping ability to win the race with awesome speed. Ideas for these designers come fast and furious. As capable as they are of the exhilarating win, they can hit the wall and explode into a gazillion little pieces. This story is about these Ferrari-like designers. They are designers that live with Attention Deficit/Hyperactivity Disorder—ADHD or ADD for short.

Part of the Human Condition

My research, since my diagnosis a year ago, has led me to believe that ADHD is on the continuum of the human condition. A belief which is supported by the fact that every time I describe typical symptoms of ADHD to someone, they claim that they show signs of the same problems. I mean, seriously, who doesn’t forget their lunch on the counter or misplace their keys every now and then? I am sure you can’t point a finger at a single person and have them deny that they’ve gotten so engrossed in a task that the world melted away and time warped. We all have scatter-brained moments complimented by intense focus. So, what is it that separates somebody with ADHD with their bouts of forgetfulness and ability to focus from the herd?

In short, it is frequency and impact.

Frequency is an easy one to explain. The frequency in which things like car keys teleporting from the place they were last seen to the top of the 7 foot-tall bookshelf (true story) is far more common for someone with ADHD than someone without ADHD.
The tougher part to explain is impact. The psychological impact of losing one’s keys shouldn’t be a big deal. It should fall under the category of “shit happens” and thrown into the mind’s circular file shortly after you finally do find said keys. It isn’t uncommon for a person with ADHD to believe they’re stupid due to their ongoing struggle with convergent thinking (aka taking tests). When you go your whole life where weekly, if not daily, you’re going through these exercises in frustration, the impact on your psyche is cumulative. This is the hardest part to express. It is an emotional reaction that borders on visceral. It affects the rest of your day and rather than recovering, it feels as though it snowballs and makes things worse as the day goes on.

The Good, the Bad and the ADHD

For many, their experience with ADHD is that most all of the “bad” parts of the disorder can be managed through awareness, discipline or even drugs. It seems like everywhere you turn, someone is talking about the problems of ADHD but not the benefits. The part that I want to ensure is understood is that there are many facets of ADHD that can be weapons for a designer’s success. Some might even argue that a designer with ADD has an advantage over those who don’t. Again, research shows that a brain that is wired by ADHD is also tuned for creativity. Matthew Kutz, a 13-year-old student with ADD, explains it very succinctly:

“Being ADD means you see things other people miss. When you see a peach you see a piece of fruit. I see the color, the texture and the field where it grew.”

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Cybersquatting and the New Internet: What Designers Should Know About the New gTLDs, by Stacy Wu

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The Internet is about to become a more colorful place, and more stylish and enticing than .biz, .tv or even .xxx ever dreamed of. New gTLDs are “generic top-level domains” are scheduled to be released on the Internet in the third quarter of 2013. What does this mean? To start, ICANN (Internet Corporation for Assigned Names and Numbers), the United States’ non-profit that coordinates the technical aspects of the Internet, is currently reviewing nearly 2,000 new gTLD applications for extensions such as .music, .Nike, and .Africa. The Internet will also become increasingly multi-lingual because it opens up the gTLD system to non-Roman characters. The international community may soon encounter the .بيتك (Arabic for “home”) and .时尚 (Chinese for “fashion”) extensions. By way of comparison, there are currently only 22 gTLDs (e.g., .com, .org, .net, etc.), restricted to the Roman alphabet.

What does this mean for the design community? We can likely expect to see the .design gTLD as well as a variety of design-related extensions including .architect, .art, .build, .fashion, .green, .home, .homegoods, .hotel, .kitchen, .lighting, .photo, .photography, and .style. Eight companies with competing visions have applied for control over the .design extension. One Japanese applicant aspires “to foster a sense of professionalism and trust among design customers.” Another Canadian applicant purports to create “‘focal points’ around 11 key disciplines of design…intended to be communities of interest and commerce.” While it is too early to say who ICANN will ultimately accredit to run these new gTLD registries or whether the competing applicants will reach some sort of joint-venture settlement, the online design community will, for better or for worse, be affected.

In one scenario, the chosen registry might encourage professional development by restricting who gets to use .design (e.g., www.JaneSmithArchitects.design) and implementing cyberbullying policies with “rapid takedown policies.” In another (albeit less idealistic) scenario, the registry might simply allow more of a free-for-all (e.g., www.JaneSmithXXX.design). As designers, the time is now to weigh in on the usage and delegation of the new gTLDs. If you feel strongly about how the new gTLDs should be delegated, or believe that an applied-for gTLD infringes your intellectual property rights, ask your lawyer about filing a formal objection with ICANN through January 2013. You can also participate in the public comment period which has been extended through September 26, 2012 [post comments here].

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The Busy Trap? Get Creative by Getting Idle

A few weeks ago, an intriguing New York Times blog post started making the rounds on my Twitter feed, and it’s still popping up today. I can see why. Dubbed “The Busy Trap,” Tim Kreider’s article makes a simple claim:

Idleness is not just a vacation, an indulgence or a vice; it is as indispensable to the brain as vitamin D is to the body, and deprived of it we suffer a mental affliction as disfiguring as rickets. The space and quiet that idleness provides is a necessary condition for standing back from life and seeing it whole, for making unexpected connections and waiting for the wild summer lightning strikes of inspiration—it is, paradoxically, necessary to getting any work done.

It was eye-opening for me that my social circle consists mostly of Type A personalities, as I could feel a collective sigh from the artists, designers and writers in my feed who recognized themselves all too well in this story. In an economy like ours, and as designers throw themselves wholeheartedly into using their skills to address social issues, it can be hard to contemplate idleness. But as the article makes clear, taking time out is often the best thing you can do for your creativity.

Another recent article in NPR said as much, drawing on the famous example of Archimedes in the bathtub:

As the ancient Greek engineer Vetruvius told us, Archimedes was lounging in a public bath when he noticed the water level go up and down as people got in and out. He suddenly realized that water could help him calculate the density of gold. “This alteration [of thoughts] may be very useful for churning the creative process,” says Jonathan Schooler, a psychology professor at the University of California, Santa Barbara.

Easier said than done, of course, in a world that seems caught up and defined by deadlines, bills and the the relentless pace of social media and globalized communications. But almost every great designer I’ve met has preached to me the value of taking some time out and just… being. It’s good for the mind, but it also means better ideas. And it seems that the more you can carve out for idle time, the more that will reap rewards in creativity.

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Exclusive Interview with Mo Duffy, Red Hat IxDesigner

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Mo Duffy is a senior interaction designer at Red Hat, a billion dollar company that is the world’s leading open source and Linux provider. I met Mo this past spring when we spoke on a panel at SxSW. I was struck by her insights into her profession and how those insights relate to all design professions. Not only does she get into the nitty gritty of the politics of the workplace and the realities of usability testing, but she is a passionate advocate for open source and the democratization of design.

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Xanthe Matychak: How do you define Interaction Design?

Mo Duffy: I define interaction design to mean the design of systems and interfaces where humans and computers interact with each other, and, more importantly, where human beings interact with each other mediated by computer systems.

And the goal of interaction design, in my opinion, is to be as invisible as possible. Whenever a person is jerked into thinking about their computer system or their software rather than the task they are trying to do, such as getting a video chat with a loved one to work or checking their work email, that’s when poor interaction design is noticed. Good interaction design is transparent because it allows for an experience so seamless, you don’t notice it. It’s invisible!

What challenges did you have when you first started and how did you overcome them?

I had a few challenges when I first started. I came from a graduate program that, at least in the track I ended up following, had a very strong quantitative bent to it: useful for generating HCI research and running a usability lab, yes, but I wasn’t interested in either, as it turns out. In my program I started worrying that pumping out awkwardly-written research papers in pricey academic journals developers wouldn’t or couldn’t afford was not going to make a huge difference in open source software, and I started worrying that I was wasting my time.

It also felt like the maxim that you must run hours of rigorous usability tests on every piece of software before it’s ever put in front of an end user had somehow been drilled into my head, and when I finally found myself in industry, I discovered the dirty secret that what I was taught regarding usability testing and how it happens normally is hardly ever the case in reality, at least in industry. Most testing that I’ve encountered or been involved with has aligned far most closely with Steve Krug’s methods in Don’t Make Me Think than any of the rigorous multivariate statistical analysis and eye-tracking studies I was involved with in my academic program. I feel kind of dirty and bad to admit this, but cheap and quick testing works, and sometimes you need to get a product out the door and you aren’t in a position to stop the train no matter how much you think it needs more time and polish. You feel lucky you got any sort of testing in at all. There are so many forces that affect software, well beyond usability, and they deserve respect as well: for example, if you delay and delay until you have the most wonderful, engaging user experience in a piece of software that connects with a completely irrelevant technology—say, the world’s best VHS player—did you make the right call? Coming to terms with non-textbook reality here took me a long while and was a big challenge.

Another challenge that was at least in part unique to those of us who work on open source projects as designers—I found out that as an interaction designer, you really have to learn to market and sell your ideas to the developers and other open source community contributors involved in a project. There is no management chain and expectations that a developer must write the software the way your design spec states simply because you’re The Designer. The challenge was learning (the hard way) that a great interaction design is not enough: if you want it to happen, you need to develop some salesmanship, build up trust, use your research to back your designs up, and have a real enthusiasm and excitement for what you do in order to inspire the developers and other folks involved to pick that design up and make it into working software.

In my first job as an interaction designer, I was the first designer several of the developers had worked with. That was a bit of a challenge, because at times I had to take on an educational role, advocating for design itself, when I felt I didn’t even really have enough experience to be in that position. I still sometimes get confusion over what an interaction designer is—thanks people who keep coining new terms for the discipline—to the point I get a continuous stream of logo and icon design requests. The software development process the team followed didn’t really account for design or usability testing in the schedule, nor did the business processes involve it much at all. At times I felt I had to fight to interject myself into the process or risk being ignored by it, but I definitely had sincere enthusiasm both for the project and the team and I think that helped me bust through a lot of these kinds of barriers.

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Fusionbrands Battles the Copycat Giants (and Wins!)

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Fusionbrands has been changing the way we cook and prepare food since their first product launched to the marketplace in 2005. You might be familiar with thefoodloop, the first silicone tool to replace string for trussing, or their foodpod, a silicone “basket” that’s designed to conveniently contain and drain foods prepared by boiling, blanching or steaming.

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In 2007, Fusionbrands released the poachpod, a floating, flexible silicone egg poaching tool. The poachpod was an instant success, garnering accolades like the 2007 Gourmet Gadget of the Year award. Simultaneously, Fusionbrands worked to protect their work; in 2007 poachpod received a registered trademark and in 2008, a design patent.

As the popularity of the Fusionbrands products soared, the copycats emerged. Fusionbrands began to take action to protect its intellectual property and its brand by notifying manufacturers, distributors and retailers of its patents and trademarks and, when necessary, filing law suits. Beginning in 2009, Fusionbrands filed the first of several federal lawsuits against U.S. companies from Massachusetts to California, from manufacturers to retailers, to stop the sale of knock-off products. They’ve won every court battle or settled with the infringers. But the their true victory is the hope that this success would serve as example and clearly demonstrate that Fusionbrands could always be expected to invest in protecting its brand and patents.

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In 2010, the poachpod received a highly respected and rare-to-the-industry Method Patent relating to the specific method of poaching eggs allowed by the form and function of this unique product. Achieving this all-encompassing patent allowed for legal action to be taken and lawsuits filed against all forms of infringement. Since 2010, Fusionbrands has won more federal court victories or settlements and has seized or destroyed over 100,000 products that were accused of infringing its patents.

In light of our week-long focus on design patents, we thought we’d sit down with Anna and Kraigh Stewart, the founders and designers behind Fusionbrands to learn more about their piracy battles. As a small, independent design company, their no-nonsense stance against counterfitting and piracy is a win for the entire design industry.

Core77: What motivated you to first start seeking legal protection for your products?

As designers, we have an instinctive need or drive to protect our IP and creations. It’s almost a parent-like response—whether you are a writer, musician or sculptor you have an innate motivating factor to defend your work of art. Obviously we want to protect our designs and innovations from theft. In order to even be able to take legal action there is a ton of preparation that goes into advanced planning. Before we even made product number one, thefoodloop, we were well prepared.

Are all the legal drama and headaches worth it?

It’s a painstakingly slow process but when you succeed it’s entirely worth it. Besides taking lots of time and money it’s extremely distracting from the process of designing, selling products and running a business. In the end, the struggles are rewarding just knowing that our designs cannot ever become generic. Copycats stand on the shoulders of real product developers and it’s invaluable to see the people and the company who use a stolen idea, stopped. The emotional roller coaster ride is tough, but victory sure does feel good.

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The Design of Design Patents, Part 4: Practical Advice for Designers

Apple4.jpg*The views expressed herein are solely those of the author and do not necessarily represent the view of his firm or its clients.

Our articles so far have laid the foundation to repair the broken image of design patents. While this can help you argue for the resources to seek design patent protection, we also need to learn what to do to make sure that the design patents you seek end up meeting the expectations that you set for them.

A big part of the reason for requiring patent lawyers to have a science or technical background is to put a lawyer and inventor-client on the same page from the beginning of the patent drafting process. As illustrated in the graphic below, the knowledge involved in putting together a patent application has three components. First, someone needs to have deep knowledge of the product itself including how it works, how it was designed and what’s unique about it. Clear on the other side of things, there needs to be deep knowledge of patent law, including all of the patent office rules, the legal limits of what you can claim and how and all of the various legal traps that one can fall into when writing a patent application.

Somewhere in the middle, though, there’s a section of knowledge that requires viewing the product itself from a legal perspective. This involves all of the considerations discussed in the other parts of this article, including what to claim as individual inventions, what is the broadest coverage that you should seek and what backup positions should be included. On top of that, it also involves how to describe a product within the context of all the legal rules and requirements to achieve the type of coverage desired.

When a lawyer’s technical background aligns with the area of the product being patented, the lawyer can handle the bulk of the middle section, as illustrated in the graphic below. The lawyer can generally describe the requirements for a patent including the theories of novelty and obviousness to help the client understand what the lawyer is doing. These bits of patent law knowledge can also help the client make decisions that balance potential coverage with real-world considerations such as cost and timing.

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On the other hand, when dealing with design patents, there will likely be much less of a knowledge overlap between designer and lawyer. As illustrated below, there are many instances where there is no overlap at all or even a substantial gap in knowledge that really prevents the lawyer and designer from getting on the same page and developing a good working relationship. This, in turn, can prevent the lawyer from knowing what really needs protection within an overall scheme and can also prevent the designer from fully appreciating that something could be done.

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All of this can really make it seem like an uphill battle for designers seeking a comfortable level of design protection. Do they first have to educate a lawyer on the finer points of design to close the knowledge gap? Do they, instead, have to first learn all there is to know about patents and patent strategy before discussing things with a lawyer? In a perfect world, yes, both sides could do a little extra work to close this gap, but as a more practical solution, I’ve developed a short list of questions that designers can ask themselves as a beginning to the design patent process. These questions are aimed to help designers start to bend their thinking toward the patent side of things. They can help designers put things in terms that a lawyer can use and understand.

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